. >> stephanie: yeah the too far, too fast argument is some made about roe v. wade and all of that. but this is happening at record pace, more so than i think any civil rights battle. somebody made the point it was because -- more and more people obviously have learned that they know somebody gay, whereas obviously they were saying that the civil rights movement you didn't suddenly discover someone is black. >> right. >> stephanie: but i think as you say they do look at politics, look at the same polling we have, and look at the arc of history, and say a kennedy has the chance to do the brown versus board of education of our time. >> sure. we don't know who voted to take up the proposition 8 case, right? at least four justices have to be supportive of the coming on board. could it have been for liberal justices thinking that kennedy, the presumed swing vote might be with them or those opposed to marriage equality presuming that kennedy might be with them. but i think that the court despite being above the fray, as it were it interacted with the political realities and the world, so